# C_2022294EN.01000301.xml

| 1.8.2022 | EN | Official Journal of the European Union | C 294/3 |
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1.8.2022

EN

Official Journal of the European Union

C 294/3

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Judgment of the Court (Fourth Chamber) of 16 June 2022 — Sony Optiarc Inc., Sony Optiarc America Inc. v European Commission

(Case C-698/19 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Optical disk drives - Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 - Single and continuous infringement - Definition - Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers)

(2022/C 294/04)

Language of the case: English

Parties

Appellants: Sony Optiarc Inc., Sony Optiarc America Inc. (represented by: E. Kelly, N. Levy and R. Snelders, avocats)

Other party to the proceedings: European Commission (represented by: A. Dawes, M. Farley, F. van Schaik and L. Wildpanner, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 12 July 2019, Sony Optiarc and Sony Optiarc America v Commission (T-763/15, not published, EU:T:2019:517); |
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1.

Sets aside the judgment of the General Court of the European Union of 12 July 2019, Sony Optiarc and Sony Optiarc America v Commission (T-763/15, not published, EU:T:2019:517);

| 2. | Annuls Article 1(g) of Commission Decision C(2015) 7135 final of 21 October 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39639 — Optical disk drives) to the extent that it declares that Sony Optiarc Inc. and Sony Optiarc America Inc. infringed Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 by participating, from 25 July 2007 to 29 October 2008 and from 25 July 2007 to 31 October 2007 respectively, in several separate infringements; |
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2.

Annuls Article 1(g) of Commission Decision C(2015) 7135 final of 21 October 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39639 — Optical disk drives) to the extent that it declares that Sony Optiarc Inc. and Sony Optiarc America Inc. infringed Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 by participating, from 25 July 2007 to 29 October 2008 and from 25 July 2007 to 31 October 2007 respectively, in several separate infringements;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the European Commission to pay, in addition to its own costs relating to both the proceedings at first instance and those on appeal, all of the costs incurred by Sony Optiarc Inc. and Sony Optiarc America Inc. in the present appeal and half of the costs that they incurred at first instance; |
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4.

Orders the European Commission to pay, in addition to its own costs relating to both the proceedings at first instance and those on appeal, all of the costs incurred by Sony Optiarc Inc. and Sony Optiarc America Inc. in the present appeal and half of the costs that they incurred at first instance;

| 5. | Orders Sony Optiarc Inc. and Sony Optiarc America Inc. to bear half of their own costs relating to the proceedings at first instance. |
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5.

Orders Sony Optiarc Inc. and Sony Optiarc America Inc. to bear half of their own costs relating to the proceedings at first instance.

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(1)  OJ C 383, 11.11.2019.

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